1 Ms Diggs was stricken with severe chest pains and she was taken to the emergency room After doing

1
Ms Diggs was
stricken with severe chest pains and she was taken to the emergency room After
doing tests, the doctor thought she was suffering from pericarditis, not a
myocardial infarction, but he was untrained in reading echocardiograms so he
asked the opinion of a cardiologist who was visiting another patient He
agreed with the diagnosis that Diggs should be treated for pericarditis and
released Diggs died three hours later after release due to a
severe myocardial infraction Her estate sued the cardiologist among
other defendants He argued that he owed no duty to Diggs because she was
not his patient and had no contractual relationship Is he correct? Why?
Argue for the cardiologist (2

2
Model Answers – Torts Homework

In each of the following situations, discuss
whether or not a tort has been committed, including in your answer an
explanation, if appropriate, of the specific tort that occurred 5 Points
each

a Rhonda Doldrum pointed an
unloaded gun at Tom and said, “I’m going to blow you away†Rhonda knew the gun
was unloaded but Tom did not

b Dan’s Demolition demolishes old
buildings in urban renewal areas by using plastic explosives One day a passing
pedestrian is injured as a result of an explosion

c Nancy was driving her
automobile lawfully and safely down the street when she suffered a heart attack
that caused her to lose control of her car The car struck two pedestrians in a
crosswalk, killing one and seriously injuring the other Nancy has no prior
history of heart trouble

d Bonnie invites a number of
co-workers and friends over to her home for dinner One of the guests becomes
quite obnoxious as the evening progresses, and Bonnie is no longer comfortable
with him in her home She asks him repeatedly to leave, but he will not

e Fireworks experts conducted a
fireworks display from a boat on Lake Michigan for Chicago’s 4th of July
celebration All of the safety precautions with regard to setting off fireworks
were followed However, there were other boats on the lake that evening, and
some of them were damaged by falling debris from the fireworks

3 Crookham and Vessels (C & V) was the
general contractor on a project to build an extension of a railroad for the
Little Rock Port Authority Larry Moyer Trucking (LMT) was subcontracted
for $230,000 to do the excavation and dirt work for the project LMT dug
several ditches as part of its work, but they kept collapsing due to drainage
problems After redigging the ditches several times, LMT refused to
continue work unless he received $60,000 extra pay for redigging the ditches
again C & V agreed to the request of the extra $60,000 as requested
by LMT but later refused to pay LMT goes to court for the extra payment
of $60,000 Who wins and why? (200 words)

 

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